104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1858 Introduced 2/5/2025, by Sen. Graciela Guzmn SYNOPSIS AS INTRODUCED: New Act Creates the Privacy of Criminal Justice Data Act. Provides that each contractor or business that stores, maintains, or purchases criminal justice data for and from a State agency or unit of local government shall certify in the contract, under penalty of perjury, that the contractor or business will not share that data with U.S. Immigration and Customs Enforcement or for civil immigration enforcement purposes. Creates the Criminal Justice Information Sharing Act. Provides that every contract with the State or a unit of local government to store, maintain, or purchase criminal justice information of this State or a unit of local government shall contain a provision in which the contractor certifies that it shall not share the criminal justice information with Immigration and Customs Enforcement (ICE) or for civil immigration enforcement purposes. Defines terms. LRB104 09574 RLC 19637 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1858 Introduced 2/5/2025, by Sen. Graciela Guzmn SYNOPSIS AS INTRODUCED: New Act New Act Creates the Privacy of Criminal Justice Data Act. Provides that each contractor or business that stores, maintains, or purchases criminal justice data for and from a State agency or unit of local government shall certify in the contract, under penalty of perjury, that the contractor or business will not share that data with U.S. Immigration and Customs Enforcement or for civil immigration enforcement purposes. Creates the Criminal Justice Information Sharing Act. Provides that every contract with the State or a unit of local government to store, maintain, or purchase criminal justice information of this State or a unit of local government shall contain a provision in which the contractor certifies that it shall not share the criminal justice information with Immigration and Customs Enforcement (ICE) or for civil immigration enforcement purposes. Defines terms. LRB104 09574 RLC 19637 b LRB104 09574 RLC 19637 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1858 Introduced 2/5/2025, by Sen. Graciela Guzmn SYNOPSIS AS INTRODUCED: New Act New Act New Act Creates the Privacy of Criminal Justice Data Act. Provides that each contractor or business that stores, maintains, or purchases criminal justice data for and from a State agency or unit of local government shall certify in the contract, under penalty of perjury, that the contractor or business will not share that data with U.S. Immigration and Customs Enforcement or for civil immigration enforcement purposes. Creates the Criminal Justice Information Sharing Act. Provides that every contract with the State or a unit of local government to store, maintain, or purchase criminal justice information of this State or a unit of local government shall contain a provision in which the contractor certifies that it shall not share the criminal justice information with Immigration and Customs Enforcement (ICE) or for civil immigration enforcement purposes. Defines terms. LRB104 09574 RLC 19637 b LRB104 09574 RLC 19637 b LRB104 09574 RLC 19637 b A BILL FOR SB1858LRB104 09574 RLC 19637 b SB1858 LRB104 09574 RLC 19637 b SB1858 LRB104 09574 RLC 19637 b 1 AN ACT concerning criminal justice data. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Article 1. 5 Section 1-1. Short title. This Article may be cited as the 6 Privacy of Criminal Justice Data Act. References in this 7 Article to "this Act" mean this Article. 8 Section 1-5. Definitions. In this Act: 9 "Civil immigration enforcement" means the enforcement of a 10 civil immigration warrant issued by an immigration judge who 11 is not appointed under Article III of the United States 12 Constitution but who is appointed as an administrative judge 13 by the United States Attorney General pursuant to the federal 14 Immigration and Nationality Act. 15 "Civil immigration warrant" means any document that is not 16 approved or ordered by a judge that can form the basis for an 17 individual's arrest or detention for a civil immigration 18 enforcement purpose. "Civil immigration warrant" includes Form 19 I-200 "Warrant for the Arrest of Alien", Form I-203 "Order to 20 Detain or Release Alien", Form I-205 "Warrant of 21 Removal/Deportation", Form I-286 "Notice of Custody 22 Determination", any predecessor or successor form, and all 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1858 Introduced 2/5/2025, by Sen. Graciela Guzmn SYNOPSIS AS INTRODUCED: New Act New Act New Act Creates the Privacy of Criminal Justice Data Act. Provides that each contractor or business that stores, maintains, or purchases criminal justice data for and from a State agency or unit of local government shall certify in the contract, under penalty of perjury, that the contractor or business will not share that data with U.S. Immigration and Customs Enforcement or for civil immigration enforcement purposes. Creates the Criminal Justice Information Sharing Act. Provides that every contract with the State or a unit of local government to store, maintain, or purchase criminal justice information of this State or a unit of local government shall contain a provision in which the contractor certifies that it shall not share the criminal justice information with Immigration and Customs Enforcement (ICE) or for civil immigration enforcement purposes. Defines terms. LRB104 09574 RLC 19637 b LRB104 09574 RLC 19637 b LRB104 09574 RLC 19637 b A BILL FOR New Act LRB104 09574 RLC 19637 b SB1858 LRB104 09574 RLC 19637 b SB1858- 2 -LRB104 09574 RLC 19637 b SB1858 - 2 - LRB104 09574 RLC 19637 b SB1858 - 2 - LRB104 09574 RLC 19637 b 1 warrants, hits, or requests contained in the "Immigration 2 Violator File" of the FBI's National Crime Information Center 3 (NCIC) database. "Civil immigration warrant" does not include 4 any criminal warrant. 5 "Contractor" means any person having a contract with a 6 State agency or unit of local government. 7 "Criminal justice data" means the information described in 8 Sections 2, 2.1, and 4.5 of the Criminal Identification Act 9 and includes criminal history record information as defined in 10 Section 3 of the Illinois Uniform Conviction Information Act. 11 Section 1-10. Criminal justice data; no sharing with U.S. 12 Immigration and Customs Enforcement or for civil immigration 13 enforcement purposes. Each contractor or business that stores, 14 maintains, or purchases criminal justice data for and from a 15 State agency or unit of local government shall certify in the 16 contract, under penalty of perjury, that the contractor or 17 business will not share that data with U.S. Immigration and 18 Customs Enforcement or for civil immigration enforcement 19 purposes. 20 Article 5. 21 Section 5-1. Short title. This Article may be cited as the 22 Criminal Justice Information Sharing Act. References in this 23 Article to "this Act" mean this Article. SB1858 - 2 - LRB104 09574 RLC 19637 b SB1858- 3 -LRB104 09574 RLC 19637 b SB1858 - 3 - LRB104 09574 RLC 19637 b SB1858 - 3 - LRB104 09574 RLC 19637 b 1 Section 5-5. Criminal justice information; prohibited 2 sharing with Immigration and Customs Enforcement (ICE). 3 (a) In this Act: 4 "Civil immigration enforcement" means the enforcement of a 5 civil immigration warrant issued by an immigration judge who 6 is not appointed under Article III of the United States 7 Constitution but who is appointed as an administrative judge 8 by the United States Attorney General pursuant to the federal 9 Immigration and Nationality Act. 10 "Civil immigration warrant" means any document that is not 11 approved or ordered by a judge that can form the basis for an 12 individual's arrest or detention for a civil immigration 13 enforcement purpose. "Civil immigration warrant" includes Form 14 I-200 "Warrant for the Arrest of Alien", Form I-203 "Order to 15 Detain or Release Alien", Form I-205 "Warrant of 16 Removal/Deportation", Form I-286 "Notice of Custody 17 Determination", any predecessor or successor form, and all 18 warrants, hits, or requests contained in the "Immigration 19 Violator File" of the FBI's National Crime Information Center 20 (NCIC) database. "Civil immigration warrant" does not include 21 any criminal warrant. 22 "Criminal history record information" means data 23 identifiable to an individual, including information collected 24 under Section 4.5 of the Criminal Identification Act, and 25 consisting of descriptions or notations of arrests, SB1858 - 3 - LRB104 09574 RLC 19637 b SB1858- 4 -LRB104 09574 RLC 19637 b SB1858 - 4 - LRB104 09574 RLC 19637 b SB1858 - 4 - LRB104 09574 RLC 19637 b SB1858 - 4 - LRB104 09574 RLC 19637 b